DATE:
May 9, 2023
CATEGORY:
New Business
DEPT.:
Police
TITLE: Assembly Bill 481 Military Equipment
Policy Renewal and Annual Report
Review
RECOMMENDATION
Adopt a Resolution of the City Council of the City of Mountain View Renewing Ordinance No. 7.22, Approving Mountain View Police Department Policy 709, Military Equipment, and Determining that, Based on the 2022 Assembly Bill 481 Military Equipment Annual Report, Each Type of Military Equipment Has Complied with Ordinance No. 7.22, to be read in title only, further reading waived (Attachment 1 to the Council report).
BACKGROUND
On September 30, 2021, Governor Newsom signed a series of police reform bills, including Assembly Bill 481 (AB 481), which state d that the public has a right to know and participate in the decision-making processes related to the funding, acquisition, or use of military equipment by State or lo cal government officials in an effort to increase transparency, accountability, and oversight. AB 481 call ed for local agencies to develop a policy and prepare an annual report in accordance with the requirements described below. In so doing, the legisla tion encouraged agencies to give strong consideration to the public’s welfare, safety, civil rights, civil liberties, and public input.
The legislation required that local law enforcement agencies, which seek to continue the use of military equipment acquired prior to January 1, 2022, accomplish the following tasks, which have been completed:
1. Draft a military equipment funding, acquisition, and use policy that describes each piece of military equipment and the authorized uses for each piece of equipment (Attachment 2);
2. Seek approval of the policy from their governing body by ordinance for the continued use of existing military equipment before acquiring new military equipment or seeking funds for equipment purposes (which was accomplished on May 10, 2022); and
Assembly Bill 481 Military Equipment Policy Renewal and Annual Report Review May 9, 2023
3. Make publicly available any proposed or final military equipment use policy, for as long as the military equipment is available for use, on the agency’s website.
In addition to the above requirements , AB 481 also required, at least annually, that the law enforcement agency shall:
1. Prepare an annual military equipment report with at least one “well -publicized and conveniently located community -engagement meeting” to allow for public discussion of the report; and
2. Present the ordinance for review and renewal at a regular meeting of the governing body.
During this review, the governing body shall consider the annual report and determine whether each type of military equipment has complied with specified standards for approval.
In accordance with the City Council’s direction at its May 10, 2022 meeting, the 2022 AB 481 Military Equipment Annual Report (“2022 Annual Report”) (Attachment 3) was presented at the April 27, 2023 meeting of the Public Safety Advisory Board (PSAB) to satisfy annual requirement No. 1 above by facilitating public discussion of the 2022 Annual Report and Mountain View Police Department’s (MVPD) funding, acquisition, or use of military equipment in a well-publicized and conveniently located community engagement meeting. The PSAB meeting took place within 30 days of submittal of the 2022 Annual Report to the City Council and its publication on the City’s website in accordance with AB 481. Comments from the April 27 PSAB meeting are summarized in the Analysis section below.
AB 481 Definition of Military Equipment
AB 481 defines “military equipment” as follows and differentiates the equipment by category .
AB 481 does not prohibit law enforcement from obtaining and using the equipment; rather, it creates a public process for obtaining approval of these types of equipment and their authorized uses. The MVPD possesses equipment in eight of the 15 categories listed , as noted with an asterisk. See Attachment 3 for full descriptions.
• *Category 1: Unmanned, remotely piloted, powered aerial or ground vehicles.
• Category 2: Mine-resistant, ambush -protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
• Category 3: High-mobility multi-purpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have Assembly Bill 481 Military Equipment Policy Renewal and Annual Report Review May 9, 2023
a breaching or entr y apparatus attached. However, unarmored all -terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
• Category 4: Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
• *Category 5: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
• Category 6: Weaponized aircraft, vessels, or vehicles of any kind.
• *Category 7: Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
• *Category 8: Firearms of .50 -caliber or greater. However, standard -issue shotguns are specifically excluded from this subdivision.
• *Category 9: Ammunition of .50 -caliber or greater. However, standard -issue shotgun ammunition is specifically excluded from this subdivision.
• *Category 10: Specialized firearms and ammunition of less than .50 -caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard-issue service weapons and ammunition of less than .50 -caliber that are issued to officers, agents, or employees of a law enforcement agency or a State agency.
• Category 11: Any firearm or firearm accessory that is designed to launch explosive projectiles.
• *Category 12: “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
• Category 13: Taser Shockwave, microwave weapons, water cannons, and the Long -Range Acoustic Device (LRAD).
• *Category 14: The following projectile launch platforms and their associated munitions:
40-millimeter projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
• Category 15: Any other equipment as determined by a governing body or a State agency to require additional oversight.
Assembly Bill 481 Military Equipment Policy Renewal and Annual Report Review May 9, 2023
ANALYSIS
Current MVPD Equipment Meeting Military Equipment Designation
The MVPD continues to carefully assess what equipment is needed to protect the public and officers when resolving critical incidents, such as active shooter response, apprehending violent offenders, hostage rescue, and barricaded subjects, among others. Certain equipment is also beneficial in providing information and creating cover, distance, and time that help to improve the decision-making process during critical incidents . This allows responding officers to take in and evaluate the totality of the circumstances, which results in increased safety and reduced risk for everyone involved.
In general, all the equipment listed in the report is highly specific in its use and is n ot carried day-to-day (the exception being patrol AR -15 rifles, which are stored and locked in each patrol vehicle). Items below may be used a few times a year, and their deployment requires departmental notifications. In 2022, the equipment was used min imally, largely related to training and certification. More information about the frequency and manner of use for various types of equipment is provided in Attachment 3.
Many of the items designated by AB 481 as military equipment have been in the MVPD’s equipment inventory for decades. The MVPD’s operating procedures and training program instruct staff in the proper use of this equipment.
Current Policies and Procedures for Equipment Purchase and Use
The MVPD adheres to the City’s budget process and its purchasing policies and procedures when procuring its equipment. The acquisition of new or replacement equipment or items meeting the reporting requirements of AB 481 are funded from the MVPD budget in accordance with the MVPD Policy No. 709, Military Equipment (Attachment 2), and the approval of the City Council.
As noted in the 2022 Annual Report, the only purchases proposed relate to the replacement of two existing drones and the purchase of two additional drones for indoor use. In addition, purchases may occur to replace materials used up during the year for training or operational purposes, potentially including ammunition, specialty munitions, noise -flash diversionary devices, and breaching equipment.
The use of equipment is governed by MVPD Policy No. 300, Use of Force and Deescalation Policy, and Policy No. 308, Control Devices and Techniques. In addition, the State of California Commission on Peace Officer Standards and Training (POST) establishes operational guidelines and training recommendations for certain equipment and tactics, and compliance with these guidelines is managed by MVPD’s designated subject matter experts.
Assembly Bill 481 Military Equipment Policy Renewal and Annual Report Review May 9, 2023
All MVPD policies and procedures that govern safe-handling, storage, and qualification related to specified equipment remain in effect. This includes, but is not limited to, California Occupational Safety and Health Agency (OSHA) certification of energetic breaching operators; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) oversight of energetic breaching materials; and ATF oversight of noise-flash diversionary devices.
In 2022, the City did not receive any complaints or concerns regarding the use of equipment specified in AB 481. There were no violations of MVPD Policy No. 709, Military Equipment.
Public Safety Advisory Board Meeting
The 2022 Annual Report was presented to the PSAB on April 27, 2023 and this meeting served as the community meeting as required by AB 481. The topic, along with the 2022 Annual Report, was announced on the PSAB and MVPD webpages as the most effective ways to reach community members who follow poli ce matters . Public comment on the topic was not time -limited and allowed for two-way engagement through questions and answers. One member of the public, in addition to PSAB members, commented on and asked questions about the 2022 Annual Report.
The comments included statements of appreciation for: the holistic approach being taken, the MVPD’s focus on minimally lethal and minimal force approaches, the pragmatic use of seeking mutual aid from other cities for rarely used equipment, and demilitarizing as much as possible.
It was noted that the MVPD does not have equipment from seven of the 15 categories covered by AB 481. A request was made that next year’s community meeting be publicized more extensively than the le gal requirement so that more people are aware of the opportunity to provide feedback.
Many questions were asked and answered during the meeting about the 2022 Annual Report , and staff has posted online the audio recording of the PSAB meeting.
FISCAL IMPACT
The MVPD proposes the purchase of two drones to replace existing equipment and two drones for indoor use. The MVPD anticipates purchasing breaching apparatus, ammunition, noise-flash diversionary devices, and specialty ammunition to replace material used in training or operationally. The MVPD is proposing to use asset forfeiture funds to purchase the drones, and all other items will be funded through the MVPD budget.
Assembly Bill 481 Military Equipment Policy Renewal and Annual Report Review May 9, 2023
Equipment Category Item(s) Purpose Cost
1 Two (2) DJI Matrice 30T
Drone with Thermal
Cameras.
Replacement of current
systems.
The ability to remotely
view potentially
dangerous situations
safely, identify and locate
evidence and suspects,
and document scenes.
$44,576
1 Two (2) Aardvark Loki
Mk2 Drones.
Indoor operations.
The ability to remotely
view potentially
dangerous situations
safely and identify and
locate evidence and
suspects.
$13,694
7 Explosive Breaching
Equipment.
Replacement of any used
equipment.
Breaching apparatus is
used to gain safe and
swift entry into a
structure.
$1,000
9 .50-Caliber Ammunition
Replace any used for
training or operationally
throughout the year.
Stopping vehicle-borne
threats, large and/or
armored vehicles,
defeating heavy glass, or
criminal snipers in
protected positions.
$900
Approximately 200 rounds.
10 .308 ammunition.
Replace any used for
training or operationally
throughout the year.
Ammunition for SWAT
.308 sniper rifles used for
observation of an
incident and to accurately
and immediately stop a
threat.
$1,500
Approximately 1,000 rounds.
10 .223 ammunition.
Replace any used for
training or operationally
throughout the year.
Ammunition for .223
patrol rifles. The ability
to address threats with
more precision at a
greater distance.
$25,000
Approximately 45,000 rounds.
12 Noise-Flash Diversionary
Device (NFDD).
Replace any used for
training or operationally
throughout the year.
Used to distract or
temporarily immobilize
dangerous individuals by
overwhelming their vision
and hearing., allowing
officers to take control of
high-risk or dangerous
situations.
$4,000
Approximately 36 NFDDs.
Assembly Bill 481 Military Equipment Policy Renewal and Annual Report Review May 9, 2023
Equipment Category Item(s) Purpose Cost
12 CTS 6340 OC Vapor
canisters.
Replace expiring stores.
Used to deny a
designated area to a
suspect, force a suspect
to move to a desired
area, and to disable or
disorient a suspect.
$600
Approximately 10 canisters.
14 Specialty Munitions.
Replace any used for
training or operationally
throughout the year.
Used to deny a
designated area to a
suspect, force a suspect
to move to a desired
area, and to disable or
disorient a suspect.
$3,000
Approximately 500 bean bag
munitions.
COST SUMMARY
The total estimated cost of newly purchased equipment is $58,269.
The total estimated cost of equipment to be replaced , or anticipated to be replaced , is approximately $36,000.
The combined total anticipated cost for replacement and purchasing is approximately $94,269.92, which is included in the MVPD budget.
ALTERNATIVES
1. Decline to renew MVPD Policy No. 709, Military Equipment.
2. Provide other direction.
Assembly Bill 481 Military Equipment Policy Renewal and Annual Report Review May 9, 2023
PUBLIC NOTICING—Agenda posting.
Prepared by:
Saul Jaeger
Police Captain
Approved by:
Max Bosel
Interim Police Chief
Kimbra McCarthy
City Manager
SJ/6/CAM
300-05-09-23CR
203011
Attachments: 1. Resolution
2. MVPD Policy No. 709—Military Equipment
3. 2022 Assembly Bill 481 Military Equipment Annual Report